VitalSource Technologies LLC Privacy & Cookies Policy

Posted December 21, 2017 20:16

This Privacy & Cookies Policy (“Policy”) explains VitalSource Technologies LLC’s (“VitalSource,” also “we,” “our,” and “us”) information practices related to any of our websites (such as www.vitalsource.com), any VitalSource owned web retail store, our products known as Bookshelf, Bookshelf Online, Bookshelf mobile applications, reader software, digital content, other products controlled or owned by VitalSource, and any other products or services located on websites that include a link to this Policy (collectively, the “Products”). You agree to the terms of this Policy when you access or use any of the Products or websites, or take other actions described below.

Information VitalSource collects about you

VitalSource collects information from you when you download, access or use any of the Products, register with VitalSource, create an account for our Bookshelf e-reader or any other of our services, or visit any of our websites, as described further below. This information falls into two categories: information you provide directly to us and information that we passively or automatically collect, such as from your browser or device (collectively “Information”).

Information You Provide Directly to Us

We may collect Information from you when you access or use the Products, such as when you: create an account, make a purchase, download content, input user-generated content, including notes and highlights in books, participate in assessments, and share information with friends. The types of Information we collect may include your name, address, email address, phone number, other contact information, employer, academic institution, course information, credit or debit card numbers, and user-generated content such as notes, highlights, and responses to assessments.

You can choose not to provide such Information, but, in general, most of the Information we request from you is required in order for us to provide the Products and the lack of such Information will prevent us from doing so. We will collect, use, transfer and disclose this Information as described in this Policy. We may collect, use, transfer and disclose aggregate or de-identified information without any restriction.

Information We Receive From Third-Parties

We may receive similar Information from third parties including public sources, our related companies, your organization, your representatives, information service providers, social media and the parties with whom we exchange Information as described here.

Information That Is Automatically Collected

VitalSource also automatically collects certain Information as you use the Products, make Product purchases and interact with us. This Information includes, but is not limited to:

facts about your purchases,

how you use the Products,

the specific Products you use,

the specific parts of the Products you use,

analytical data created when you view the Products, create new notes, or view previous notes on any device,

activities you engaged in, such as your searches and other transactions,

information about page views, page usage, time on page, and other information about usage,

information from interactive Products, including scores from assessments, engagement during study sessions and overall performance, and

records of any contact we have with you by telephone, email or online.

Cookies

VitalSource may collect Information about you when you visit the VitalSource website through the use of “cookies.” Cookies are small text files placed in visitors' computers to store their preferences. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to our website and will last for longer. VitalSource may use cookies and other methods to determine your domain name and what browser and operating system you are using, your Internet Protocol (IP) address, the date and time of your request if any, and the device you are using.

We use cookies to:

remember that you have visited our website before; this means we can identify the number of unique visitors we receive. This allows us to make sure we have enough capacity for the number of users that we get;

customize elements of the promotional layout and/or content of the pages of our website;

collect anonymous statistical information about how you use our website (including how long you spend on the website) and where you have come to our website from, so that we can improve the website and learn which parts of it are most popular with visitors; and

gather information about the pages on our website that you visit, and also other information about other websites that you visit, so as to place you in a “market segment”. This information includes information about the county and city you are in, together with the name of your Internet service provider. This information is then used to place interest-based advertisements on our website which it is believed will be relevant to your market segment. For more information about this type of interest based advertising, and about how to turn this feature off please visit youronlinechoices.com and www.youronlinechoices.com.au.

Some of the cookies used by our website are set by us, and some are set by third parties who are delivering services on our behalf.

Our cookies

Category

Purpose

Type and duration

[i.e. session only or persistent]

Persistent Cookie

Saves user information that may be accessed every time a user visits our site.

Persistent – outlasts session duration.

Session Cookie

Saves user information that may be accessed only as long as the browser session exists.

Session – lasts only as long as the session duration.

Third Party

These cookies save information on the user’s computer and are accessed from domains different from the one shown in the address bar.

Persistent – outlasts session duration.

In addition to cookies, tracking GIFs may be set by us or third parties in respect of your use of our website. Tracking GIFs are small image files within the content of our website or the body of our newsletters so we, or third parties, can understand which parts of the website are visited and whether particular content is of interest.

Most web browsers automatically accept cookies but all computers have the ability to decline cookies. This can be done by activating the setting on your browser that enables you to decline the cookies. Please note that if you choose to decline cookies, you may be unable to access parts of our website. You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browsers.

VitalSource's use of your Information

VitalSource uses your Information, by itself or in conjunction with data lawfully collected through other sources, for the following purposes:

to meet our contractual commitments to you,

to administer your account and respond to your requests,

to provide the Products requested by you, including to provide the correct Products requested for your selected computer or device,

to maintain and improve the Products and to develop new Products,

to track your purchase history and to provide you on an ongoing basis with information related to the Products, including changes to the Products or other information we think you may find useful about our products and services or those of carefully selected third parties, provided you have indicated that you do not object to being contacted for these purposes,

to customize content supplied to you based on your use of the Products (g., study recommendations, supplemental content),

to conduct research and to update our website and analyze how it is used,

provide recommendations or advertising for products and services that may be of interest to you;

to conduct analytics services on our Services, using third party services such as Google Analytics. These service providers use the sort of technology described in the “Information that is Automatically Collected” section above to help us analyze how users use the Products, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Products.

to prevent, investigate and deal with fraud, violation of intellectual property rights and other laws and unauthorized use of Products or your account, and

as otherwise reasonable and appropriate to the legitimate business needs of VitalSource related to the Products.

We may aggregate and/or de-identify Information collected through the Products. We may use de-identified or aggregated data for any purpose and may share it with any third parties.

Your Choices

You can tell us not to contact you with promotional information regarding our products and services and those of third parties, either at the point information is requested on our website (by checking or un-ticking (as directed) the relevant box) or, by following the unsubscribe instructions on promotional communications sent to you. You can also exercise the right at any time by contacting us using the Contacting Us details at the end of this Policy.

If you are interested in more information about tailored browser advertising and how you can control some cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. Please note, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

When using a mobile application you may also receive tailored in-application advertising content. Each operating system-iOS for Apple devices, Android for Android devices, and Windows for Microsoft devices-provides its own instructions on how to prevent the delivery of tailored in-application marketing content. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertising. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator. We do not control these device settings and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers and is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. We do not recognize or respond to browser-initiated DNT signals, as the Internet industry is currently still working toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. To learn more about Do Not Track, you can do so here.

VitalSource may share your Information with third parties as described below.

We may share your Information with “fulfillment partners”, such as academic institutions, resellers and content owners or others, that provide you access to our Product(s) and services. When you access any Product(s) through an integration or a code provided by a Fulfillment Partner, VitalSource may share Information related to your use, results from your interaction with, results from assessments taken, and overall engagement with relevant Product(s), including interactive elements within the Product(s), and third party Product(s) that are integrated with the Product(s) (such as Bookshelf GPS), with the Fulfillment Partner. The Fulfillment Partner may see, for example, that you have accessed and used a certain Product or certain of its contents, or spent a certain amount of time using it. This Information may be used to help the Fulfillment Partner evaluate your progress and improve your learning. By accessing the relevant Product(s), or by redeeming any provided code(s), you agree to VitalSource sharing this Information with the Fulfillment Partner in this way.

Content Owners. VitalSource may share certain Information with content owners or licensees that have rights related to the Products that you access (“Content Owners”). VitalSource may share contact information of verified instructors who request samples to the Content Owners of such samples. VitalSource may also share de-identified or aggregate data about you and your use of the Product with Content Owners. Content Owners will use this data for their own research and tracking purposes, to evaluate Product use and access, to improve Products and related analysis.

Third parties and affiliates performing support functions. VitalSource may share your Information with third-party service providers and with VitalSource affiliates (such as parent companies, subsidiaries, or other companies within our corporate family) that perform support functions related to the Products. The purpose of this sharing may include, but is not limited to, research, analyzing usage data, providing marketing assistance to VitalSource, processing your credit or debit card payments, providing customer service to you, processing and fulfilling your orders, providing you with Product access, for storage, assisting VitalSource with providing the Products to you, assisting VitalSource in using the Information as described in this Policy, and related matters.

Disclosures as required by law or to prevent harm. VitalSource reserves the right to exchange Information with relevant parties such as courts, government agencies and lawyers if it reasonably believes that collection, access, use, preservation or disclosure of such Information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process, or enforceable governmental request, including to meet national security or law enforcement requirements, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues, or (d) protect against harm to the rights, property or safety of VitalSource, its affiliates or users, the Content Owners or the public, as required or permitted by law.

Assignment of your Information. VitalSource reserves the right to disclose and transfer ownership of your Information, without payment to you, to third parties (such as purchasers, potential purchasers and their advisers) in connection with a merger, acquisition or sale of all, or components, of our business or in contemplation thereof (e.g., due diligence). . You acknowledge and agree that the third party may use your Information for the purposes described in this Policy and related uses without payment to you.

Public forums

Some of the Products may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to users. Any information that is disclosed in such forums is available to all other users of such features and may become publicly available.

Children’s' privacy

You must be 13 years of age or older to create a Bookshelf account.. VitalSource does not solicit orders or knowingly collect Information from children under the age of 13. If we have reason to believe that any Information has been submitted to us by a child under 13, we will delete that information after taking appropriate actions to prevent further Information submission and as required by law.

Security

VitalSource takes information security seriously and has taken various measures to keep your Information secure from unauthorized access or disclosure, whether that Information is stored physically or electronically. VitalSource has established administrative, technical, physical, electronic and managerial procedures to help prevent unauthorized access, maintain data security and use the Information collected from you in accordance with this Policy. VitalSource has security measures in place to protect against loss, misuse, or alteration of your Information. Despite these efforts, VitalSource cannot guarantee that unauthorized access or disclosure of Information will never happen. If you have concerns, do not use the Products.

It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal data if you use a shared computer or a computer in a public place.

International transfer of Information

Given that the Internet is a global environment, using the Internet to collect and process Information necessarily involves the transmission of data on an international basis. Therefore, by using any of the Products, you acknowledge and consent to the transfer of your Information outside your country of residence to any country (including the United States, Canada, the United Kingdom and Australia) where we have facilities or engage third parties (including but not limited to payment processors, cloud service or other IT providers and other companies that provide services to us). You understand that the countries to which we may transfer Information may not have as comprehensive a level of data protection as in your country. In relation to Australia’s Privacy Act, you agree that in the case of a breach of by the third party in relation to handling your personal data, we will not be accountable for the third party under the Privacy Act and you may not be able to seek redress under the Privacy Act.

Third-party links

You may find links to third-party websites from any of the Products. These websites may have their own privacy, cookies and/or other policies, which you should check. We do not accept any responsibility or liability for their policies because we have no control over them.

Your rights

You can contact us to request access to, correction, or to exercise the right to be forgotten with respect to the personal data (as defined by applicable law) about you held by us, or to raise any concerns about our handling of that data. An exercise of the right to be forgotten will result in your inability to use the Product(s), and will break any linkage between your prior account and your historical engagement data.

You have a right to request a copy of or to correct errors in the personal data about you held by us. On request, we will provide you with a copy of this personal data.

In the case of access and correction requests, please provide as much detail as you can about the particular personal data you seek, in order to help us locate it. We will provide our reasons if we deny any request for access to or correction of personal data. Where we decide not to make a requested correction to your personal data and you disagree, you may ask us to make a note of your requested correction with the data.

We take your privacy concerns seriously. Where you express any concerns that we have interfered with your privacy, we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns, and may need to engage or consult with other parties in order to investigate and deal with your issue. We will keep records of your request and any resolution.

As mentioned above, you have a right to prevent the use of your personal data for direct marketing purposes.

YOUR CALIFORNIA PRIVACY RIGHTS

California Law permits visitors who are California residents to request once per year certain information regarding our disclosure of personal information to third parties for such third parties’ direct marketing purposes. To make such a request, please send an email to privacy@vitalsource.com or write to us at VitalSource Technologies LLC, Attn: Privacy, 227 Fayetteville Street, Suite 400 Raleigh NC, 27601.

Changes to this Policy

The information practices described in this Policy are current as of the effective date at the end of this document. VitalSource reserves the right to periodically update this Policy at its discretion. Notice of any revisions will be posted to this page and are effective once posted. If you are concerned about how your Information is used, bookmark this page and check back periodically.

Contacting us

If you have any questions, comments, or requests regarding this Policy, please contact us by post or email using the following contact information: